Alamo County Club Owners Association v. Shelton, 12-1—00300-VB (Tex. App. 2012)

Sometimes personal disregard for a fellow homeowner can overlap and have a costly effect when enforcing covenants.  In this case, a board member called the police on a known resident, alleging he’d trespassed on the community’s golf course.

Pursuant to the restrictive covenants for Alamo Country Club, homeowners are members of the association and permitted use of the community’s golf course. However, this homeowner (the “Plaintiff”), had signed a deed giving his interest in the property to a third party, but reserving his right to vote and use the amenities, specifically the golf course. In addition, the Plaintiff and his wife continued residing on the property. Nevertheless, once the association learned of the deed, they question its validity and determined that the Plaintiff no longer had voting rights, and any continued use of the golf course required payment and accompaniment by an association member. The Plaintiff was informed by letter of the associations’ position and given notice that if he didn’t comply and tried to play golf as a member, the police would be called.

Despite this notice, while playing golf one day, a board member attempted to prevent the Plaintiff from freely using the golf course, resulting in Plaintiff’s arrest and charges for trespass. At trial, the court granted judgment in favor of the Plaintiff for malicious prosecution. The Texas Court of Appeals upheld the judgment, stating that the deed from the Plaintiff to a third-party was void. The court held that the property was marital property and without the signature of Plaintiff’s wife, it was invalid. Additionally, the court determined that the association failed to follow its own rules, which state that three written warnings will be provided prior to any legal action. Under Texas Law, arrests on criminal charges constitute legal action. Lastly, the board member who called the police acted with malice: (1) because of his dislike for the Plaintiff and (2) for failing to disclose to the police that the Plaintiff had been a resident for over ten years.

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